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  • John C. Coffee, Jr.: Event Contracts and Prediction Markets Comment bubble 3 By John C. Coffee, Jr.
  • Leveraging Information Forcing in Good Faith By Hillary Sale
  • The Dark Side of Safe Harbors Comment bubble 2 By Susan C. Morse
  • John C. Coffee, Jr. – Mass Torts and Corporate Strategies: What Will the Courts Allow? By John C. Coffee, Jr.
  • Compliance’s Next Challenge: Polarization By Miriam H. Baer
  • Will the Common Good Guys Come to the Shootout in SEC v. Jarkesy? And Why It Matters By Eric W. Orts
  • Climate Disclosure Line-Drawing and Securities Regulation By Virginia Harper Ho
  • Board Committee Charters and ESG Accountability By Lisa M. Fairfax
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Columbia Law School's Blog on Corporations and the Capital Markets

Editorial Board John C. Coffee, Jr. Edward F. Greene Kathryn Judge

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Securities and Exchange Commission

SEC Chair Gensler Speaks on Modernizing Equity Markets

By Gary Gensler October 22, 2024 by renholding

Nearly four years ago, Jen Psaki was freshly in her White House press secretary job when she had to answer questions about the GameStop fallout from the podium.[1] A few months later, my first testimony as SEC Chair was …

Disclosure, Greenwashing, and the Future of ESG Litigation

By Barbara Ballan and Jason J. Czarnezki October 18, 2024 by renholding

In recent years, consumers, investors and regulators have become increasingly aware of the climate crisis and accompanying risks, leading to increased demand for transparency and accountability from corporations about their business practices and sustainability footprints. This, in turn, has led …

Is 24/7 Trading Better?

By Patrick Blonien and Alexander Ober October 17, 2024 by renholding

Is 24/7 Trading Better?

Since the founding of the New York Stock Exchange in 1792, trading hours have closely mirrored the conventional workday due to the human involvement that was essential for trading. But times have changed. Electronic execution has …

Is Regulation of Share Repurchases Justified?

By Kose John, Subramanian R. Iyer and Ramesh P. Rao October 14, 2024 by renholding

On August 7, 2022, Congress passed the Inflation Reduction Act (IRA), which imposed a 1 percent excise tax on share repurchases by public corporations.  President Biden proposed quadrupling the tax to 4 percent in his 2023 State of the Union …

Serendipity and Self-Regulation: The Case of Cryptocurrency-Based ETPs

By Onnig H. Dombalagian October 10, 2024 by renholding

Cryptocurrency enthusiasts rejoiced when the Securities and Exchange Commission (SEC) approved the listing of bitcoin – and ether-based exchange-traded products (ETPs) – on U.S. stock exchanges earlier this year. There is yet a certain irony in this outcome: Why did …

Cooley Discusses SEC Charges Against Director for Failing to Disclose Lack of Independence

By Cydney Posner October 10, 2024 by renholding

Last week, the SEC announced settled charges against James R. Craigie, a former CEO, Chair and board member of Church & Dwight Co. Inc., an NYSE-listed  “manufacturer of consumer-packaged goods,” for “violating proxy disclosure rules by standing for election as …

1 Comment  

Morrison & Foerster Discusses SEC’s Active Enforcement of Tender Offer Rules

By Spencer Klein, Joe Sulzbach, Rebecca Chacon Naranjo, Sahana Ragunathan and Hannah Yang October 9, 2024 by renholding

On September 6, 2024, the United States Securities and Exchange Commission (the SEC) charged Esmark Inc. (“Esmark”) and its Founder/Chairman and former CEO James Bouchard under Section 14(e) of the Securities Exchange Act of 1934 (“Exchange Act”) and Rule 14e-8…

How Comply-or-Explain Disclosure Regulation Can Improve Corporate Governance and Gender Equality

By Aaron A. Dhir, Sarah Kaplan and Maria Arabella Robles October 8, 2024 by renholding

In 2020, the Nasdaq stock market filed a proposal with the U.S. Securities and Exchange Commission seeking permission to adopt a board diversity-related disclosure requirement for its listed companies. In 2021, the SEC approved the proposal, making Nasdaq the most …

SEC Whistleblower Program Marred by Too Much Secrecy, Two Commissioners Say

By Hester M. Peirce and Mark T. Uyeda October 8, 2024 by renholding

The Commission recently issued two whistleblower award determinations awarding an aggregate $122,000,000 among four claimants.[1] We did not support these determinations, but we are unable to explain our reasons because the public final orders determining the awards redact certain …

Simpson Thacher Discusses SEC Enforcement Sweep for Section 13 and 16 Reporting Failures

By Joseph Kaufman, Karen Hsu Kelley, Charles Mathes and James Rapp October 4, 2024 by renholding

On September 25, 2024, the Securities and Exchange Commission (“SEC”) announced that it had settled charges against 23 entities and individuals relating to failures to file and/or amend on a timely basis Schedules 13D and 13G and Forms 3, 4 …

Watching the Watchdogs: Tracking SEC Inquiries Using Geolocation Data

By William Christopher Gerken, Steven Irlbeck, Marcus Painter and Guangli Zhang September 26, 2024 by renholding

The Securities and Exchange Commission plays a crucial role as the watchdog of Wall Street by detecting financial misconduct and enforcing securities laws, but much of its investigative process has remained opaque to researchers and the public. In a new …

SEC Commissioners Testify Before U.S. House Committee on Financial Services

By Gary Gensler. Hester M. Peirce, Caroline A. Crenshaw, Mark T. Uyeda and Jaime Lizárraga September 25, 2024 by renholding

Good morning, Chairman McHenry, Ranking Member Waters, and members of Committee. Thank you for the opportunity to testify before you today about the work of the U.S. Securities and Exchange Commission.

The SEC at 90 Years

At the SEC, we …

Fifth Circuit Ruling Underscores a Shortcoming of the SEC Whistleblower Program

By Andrew Feller and Geoff Schweller September 24, 2024 by renholding

Whistleblowers who exposed what has been called “one of the biggest frauds in Texas history” are not eligible to receive Securities and Exchange Commission (SEC) whistleblower awards based on the collections recovered in a bankruptcy proceeding, according to a recent …

Wachtell Lipton Discusses the SEC’s Disbanding of Its ESG Enforcement Task Force

By John F. Savarese, Wayne M. Carlin, David B. Anders and Carmen X.W. Lu September 20, 2024 by renholding

The U.S. Securities and Exchange Commission (“SEC”) has disbanded its Climate and ESG Task Force in the Division of Enforcement.  The Task Force was established in March 2021 with the purpose of identifying ESG-related misconduct, including material gaps or misstatements …

SEC Chair Gensler on Tick Sizes and Other Updates to Equity Market Rules

By Gary Gensler September 19, 2024 by renholding

Today [September 18], the Commission will consider updating rules for the $55 trillion equity markets. I am pleased to support these rules because they would enhance competition, efficiency, and fairness, benefitting investors and capital formation alike.

In 1975, Congress tasked …

Cohen Milstein Discusses Two U.S. Supreme Court Cases that May Increase Hurdles for Securities Fraud Plaintiffs

By Laura H. Posner and Alexandra Gray September 12, 2024 by renholding

In November, the U.S. Supreme Court will hear two cases from the Ninth Circuit Court of Appeals that will implicate the ability of investors to bring securities fraud claims. The most worrisome – NVIDIA Corp. v. E. Ohman J:or Fonder …

Wachtell Lipton Offers Summer Takeaways in SEC Enforcement

By John F. Savarese, Wayne M. Carlin and David B. Anders September 5, 2024 by renholding

With the Labor Day holiday now behind us, it is a good time to review the SEC’s active enforcement docket and to look ahead to likely areas of continuing enforcement attention as we head into the fall.  The record over …

Morrison & Foerster Discusses Top Five SEC Enforcement Developments for July 2024

By Nicole K. Serfoss, Michael D. Birnbaum, Haimavathi V. Marlier, Craig D. Martin and Mamie Tabet August 28, 2024 by renholding

1. SDNY Judge Holds SEC Failed to Adequately Plead Risk Disclosure and Controls Claims in SolarWinds

On July 18, 2024, the United States District Court for the Southern District of New York issued an opinion in Securities and Exchange Commission …

The SEC Can Learn a Thing or Two from Europe About Regulating Digital Assets    

By Alexandros Kazimirov August 23, 2024 by renholding

In its approach to digital assets, the Securities and Exchange Commission has been criticized for regulating by enforcement. In reality, the SEC has taken a twofold approach. In addition to bringing lawsuits against crypto exchanges, the commission has proposed amending …

SEC Hits Dozens of Firms With $390 Million Penalty for Recordkeeping Failures

By Securities and Exchange Commission August 16, 2024 by renholding

The Securities and Exchange Commission on August 14 announced charges against 26 broker-dealers, investment advisers, and dually-registered broker-dealers and investment advisers for widespread and longstanding failures by the firms and their personnel to maintain and preserve electronic communications.

The firms

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Each business day, our team sifts through blog posts, news stories, and other sources to keep up-to-date on relevant recent developments. The following links will take you to our recommended selections. To see the sources we follow click Filter Sources.

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Bloomberg
California Voters to Nix Billionaire Tax
November 5, 2026
Freshfields' A Fresh Take
Ransom Negotiation Firms Facing New Enforcement Risks
November 5, 2026
Financial Times
Bezos’ Blue Origin Delays Launches
November 5, 2026
Sidley Enhanced Scrutiny
Amended Section 220 Takes Shape
November 5, 2026
Investment Executive
SEC Keeps Rajaratnam’s Industry Ban
November 5, 2026
Wall Street Journal
CVS Will Break Off Pharmacy Business
November 4, 2026
Financial Times
Murdoch Media Empire Cools on Trump
November 4, 2026
Securities Suit Claims Tariff Risk Used to Suppress Deal Value
November 4, 2026
Deal Lawyers.com
Delaware Judge OKs Cloudflare Interlocutory Appeal on “Good Faith”
November 4, 2026
Business Law Prof Blog
Blue Texas May Be Good for Delaware
November 4, 2026
Reuters
Lawmakers Query McDonald’s Pricing
November 3, 2026
Bloomberg
Binance Hackers Used Fake Interviews
November 3, 2026
Wall Street Journal
Ex-Bitcoin MIners Find AI No Easier
November 3, 2026
Freshfields' A Fresh Take
SEC Issues Exam Priorities for 2027
November 3, 2026
Financial Times
Ex-Weil Partners Lawyer Up for Equity
November 3, 2026
Bloomberg
Goldman Limits Trader, Banker AI Use
November 2, 2026
Wall Street Journal
Europe’s Pension Covenant Unraveling
November 2, 2026
New York Times
Marvell, Lumentum in $115bn Merger
November 2, 2026
Financial Times
Fox News Ratings Suffer Sharp Drop
November 2, 2026
D&O Diary
Texas Courts Begin to Define the Consequences of Reincorporation
November 2, 2026
Bloomberg
Is Colombia at Risk of a Default?
November 1, 2026
Financial Times
Binance Users Pull $3.6bn on Restart
November 1, 2026
D&O Diary
SEC Enforcement Dropped in 2026
November 1, 2026
Deal Lawyers.com
Delaware Chancery Interprets SB 21’s “Controlling Stockholder” Definition
November 1, 2026
Business Law Prof Blog
SEC-ISS Tiff Deserves More Attention
November 1, 2026
Bloomberg
Nvidia CEO Says Spy-Firm Ties Normal
October 29, 2026
Wall Street Journal
Hack Costs Polymarket Users Millions
October 29, 2026
New York Times
DoorDash to Buy Instacart for $17bn
October 29, 2026
Financial Times
What Killed Law Firm Weil Gotshal?
October 29, 2026
D&O Diary
Honeywell Aerospace Sued After FCA Cybersecurity Settlement
October 29, 2026
Reuters
Bloomberg Pays for Faster Trump Posts
October 28, 2026
Dealbook
Biden Trustbusters Start AI Legal Biz
October 28, 2026
Financial Times
Weil Gotshal Leaders Say Dissolve Firm
October 28, 2026
Cleary Securities Watch
SEC Flags Group Formation and “Passive Investor” Status Risks
October 28, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Says Privilege Protects Lawyer Internal Brainstorming
October 28, 2026
Deal Lawyers.com
Delaware Supremes OKs Verisk Ruling
October 28, 2026
Delaware Business Litigation Report
No Personal Jurisdiction from Omitting Delaware Secretary of State Filing
October 27, 2026
Dealbook
GM Will Move Stock to Nasdaq
October 27, 2026
The Governance Beat
SEC, Nasdaq Issue Tokenization FAQs
October 27, 2026
Financial Times
Weil Gotshal May Mull Wind-Down
October 27, 2026
D&O Diary
Private Credit Scrutiny Fuels Claims
October 27, 2026
Delaware Business Litigation Report
Chancery OKs Fiduciary Breach Charges from Tech Startup Collapse
October 26, 2026
New York Times
7 Numbers Explain Anthropic Business
October 26, 2026
Freshfields' A Fresh Take
Treasury Proposes COINS Act Rule
October 26, 2026
The Governance Beat
ISS and Glass Lewis Announce Plans for Global Voting Policies
October 26, 2026
Financial Times
Ex-FBI Chief Comey Charged With National-Defense Information Leak
October 26, 2026
Wall Street Journal
Audi to Build First U.S. Factory
October 25, 2026
New York Times
CEOs, Workers Differ on AI Outlook
October 25, 2026
D&O Diary
How to Interpret $25bn Meta Judgment
October 25, 2026
Sidley Enhanced Scrutiny
How to End an Advancement Obligation
October 25, 2026
Business Law Prof Blog
How Should DGCL 144 Safe Harbor Apply to Conflicted Controller Deals?
October 25, 2026
Reuters
Musk Talk Imperils SpaceX-Tesla Deal
October 22, 2026
Bloomberg
Live Nation Empire Risks a Breakup
October 22, 2026
New York Times
Barclays to Cut 5,000 Jobs in AI Push
October 22, 2026
Cleary M&A Watch
SEC Staff Streamlines Form S-8, Rule 701, and Section 16 Guidance
October 22, 2026
D&O Diary
AI-Related Securities Suit Filings Surge
October 22, 2026
Financial Times
CVC Explores Bid for Verisure
October 21, 2026
New York Times
U.S. to Tap Heating Oil Reserves
October 21, 2026
Wall Street Journal
Meta Ordered to Pay New Mexico $25 Billion in Data-Privacy Case
October 21, 2026
Bloomberg
Meta Offers Zuckerberg New Shares to Shield Him from Wealth Tax
October 21, 2026
D&O Diary
Webull Securities Lawsuit Underscores Geopolitical Disclosure Risk
October 21, 2026
Wall Street Journal
Last Boeing 737 MAX Jet Gets OK
October 20, 2026
Freshfields' A Fresh Take
SEC Delivers Equity Pay Relief
October 20, 2026
Financial Times
SpaceX, Tesla Boards Mull Merger
October 20, 2026
D&O Diary
FCA Settlement Highlights Developing Anti-DEI Enforcement Trends
October 20, 2026
Corporate & Securities Law Blog
SEC May Expand “Accredited Investor”
October 20, 2026
Bloomberg
Nscale and Anthropic in Talks Over $45bn Cloud Computing Deal
October 19, 2026
Financial Times
Freshfields Apologizes for Comment on Mideast Sovereign Wealth
October 19, 2026
D&O Diary
Securities Suit Hits BofA Over Anti-Money Laundering Penalties
October 19, 2026
Delaware Corporate & Commercial Litigation Blog
Chancery Declines to Award Remedy for Failure to Maintain Stock Ledger
October 19, 2026
Deal Lawyers.com
Chancery Pauses Cloudflare Recap
October 19, 2026
Dealbook
States Step Up as Antitrust Enforcers
October 18, 2026
Cleary Securities Watch
DOJ Revises FCA Enforcement Rules
October 18, 2026
D&O Diary
AI-Linked Securities Suit Hits Endava
October 18, 2026
Business Law Prof Blog
The Latest on Reincorporations
October 18, 2026
Corporate & Securities Law Blog
Nasdaq Adopts $4.00 Minimum Price Requirement for Initial Listings
October 18, 2026
Bloomberg
Judge Rejects Gemini, CFTC Bid to Undo $5 Million Settlement
October 15, 2026
Wall Street Journal
KFC Moves to Ditch Pepsi for Coke
October 15, 2026
Dealbook
Anthropic Says Revenue Rose 45%
October 15, 2026
The Governance Beat
DOJ Revamps Fraud Enforcement Rules
October 15, 2026
Financial Times
AI, SpaceX Lift Harvard Endowment
October 15, 2026
D&O Diary
Big Corporate Bankruptcies Down
October 15, 2026
Delaware Business Litigation Report
Chancery Declines to Dismiss Aiding, Abetting Claims in Cram-Down Financing
October 14, 2026
Sidley Enhanced Scrutiny
Chancery Clarifies Officer Consent Law
October 14, 2026
D&O Diary
Suits Highlight AI Platform and Data Center Infrastructure D&O Risk
October 14, 2026
Securities Docket
Kalshi Investigates Well-Timed Bets on Trump’s Press Secretary Pick
October 14, 2026
Deal Lawyers.com
Delaware Supremes Affirms Chancery on “Participant” in Proxy Solicitation
October 14, 2026
Reuters
Wall Street Banks See Deals Slow
October 13, 2026
Bloomberg
Fed’s Williams: No Rate Hike Needed
October 13, 2026
Delaware Corporate & Commercial Litigation Blog
Chancery Won’t Name Receiver Where Firm Paid Advancement Late
October 13, 2026
Securities Litigation & Enforcement
Delaware Chancery Warns Advance Notice Bylaws Need to Be Clear
October 13, 2026
Financial Times
FTC Says Skreli Breached Industry Ban
October 13, 2026
Bloomberg
App Bumble Nears $1bn Sale to Ithaca
October 12, 2026
Financial Times
France, Germany Near Car Policy Deal
October 12, 2026
Delaware Corporate & Commercial Litigation Blog
Chancery Nixes Advancement Defense
October 12, 2026
Deal Lawyers.com
SEC Section 21(a) Report Questions Climate Coalition Activity
October 12, 2026
Corporate & Securities Law Blog
Nasdaq Files Proposed Rule Change for Market Value Listing Requirement
October 12, 2026
Wall Street Journal
Trump Backs Dodgy Credit Card Bill
October 11, 2026
Reuters
Nuvacore Funding Implies $2.5bn Value
October 11, 2026
The Governance Beat
SEC Guides on Firm Voting Programs
October 11, 2026
Financial Times
DOJ Probes Networks’ Trump Coverage
October 11, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Rules Accountants Confined to Accounting Decisions
October 11, 2026
Freshfields' A Fresh Take
Sixth Circuit Says State Regulators Can Police Prediction Markets
October 8, 2026
The Governance Beat
ISS’ Benchmark Policy Survey Results
October 8, 2026
Financial Times
Starbucks Explored Chipotle Takeover
October 8, 2026
Deal Lawyers.com
Chancery Opines on Accounting Experts for M&A Price Adjustment
October 8, 2026
Corporate & Securities Law Blog
Third Circuit Revives Fact-Specific Materiality for Securities Fraud Claims
October 8, 2026
Wall Street Journal
Lawmakers Seek Accept-Election Vows
October 7, 2026
Bloomberg
AI Czar to Visit Silicon Valley AI Firms
October 7, 2026
Financial Times
Law Firm Kirkland & Ellis Stops Disclosing Financial Performance
October 7, 2026
D&O Diary
Datavault AI Hit with Market-Manipulation-Related Securities Suit
October 7, 2026
Deal Lawyers.com
Earnouts: Reminders of Ordinary Course Covenant Weren’t Interference
October 7, 2026
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